scholarly journals THE IMPOSSIBILITY TO BE ‘LOST IN TRANSFORMATION’

Author(s):  
JJ Van der Walt

The purpose of this work is an attempt to argue that South Africa as a society cannot be lost in transformation, but that the process of transformation can be misguided or ineffective is, in my opinion, irrefutable. Because of our particular history, equality jurisprudence will be used as the subject matter to indicate whether our society can be lost in transformation. In the first instance, I discuss the condictiones sine quo non of post-apartheid South African equality jurisprudence in the second part. Thereafter, in the third part, the aspirational end — the achievement of equality — serves to identify, through our constitutional values and section 9 of the Constitution, three power relations which require addressing for our society to transform. With reference to Legal feminism, Critical Race Theory and Queer Theory, patriarchy, white supremacy and heteronormativity are identified as power relations that are the, current, object of transformation in our society.

Author(s):  
Nonhlelo Nhleko

In this paper, I critique the manner in which law rationalises Black subordination and white supremacy through its assumption of racial neutrality and ontological equality.4 I seek to postulate the need for a culture of critique within South African jurisprudence and further challenge hegemonic liberal notions of ‘justice’ and the existing ‘reconciliation’ discourse. The calls for a ‘race conscious’ and general jurisprudence shall be advanced through the epistemological paradigm of Critical Race Theory which offers a politicised account of the law through the acknowledgment of the centrality of race in law and through debunking claims of law’s neutrality and objectivity.5


2019 ◽  
Vol 63 (13) ◽  
pp. 1731-1740 ◽  
Author(s):  
Michelle Christian ◽  
Louise Seamster ◽  
Victor Ray

Critical Race Theory (CRT) provides a highly generative perspective for studying racial phenomena in social, legal, and political life, but its integration with sociological theories of race has not been systematic. However, a group of sociologists has begun to show the relevance of CRT for driving empirical inquiry. This special issue (our first of two on the subject) shows the relevance of CRT for sociological theory and empirical research. In this introduction, we identify primary concerns of CRT and show their sociological utility. We argue that CRT better explains the long-standing continuity of racial inequality than theories grounded in “progress paradigm,” as CRT shows how racism and white supremacy are reproduced through multiple changing mechanisms.


Author(s):  
Pontso Moorosi

In the light of recent media reports of racism in South African schools, this paper examines the role of school principalship standards in addressing race in South African educational leadership. The paper draws on tenets of critical race theory to examine how issues of race are addressed in the Policy for School Principalship Standard in South Africa and the implications thereof for leadership preparation and leadership practice. The methodology involves the employment of content analysis underpinned by key tenets of critical race theory that challenge notions of colour-blindness, meritocracy and neutrality. The analysis reveals that there is no explicit mention or treatment of race and ethnicity as social constructs in the principalship standards. It also reveals that diversity and culture are used more, suggesting the emphasis on difference rather than inequality. The paper argues that, although driven by principles of social justice, the Policy for School Principalship Standard is colour-blind. Through this omission, the policy denies the existence of racism and fails to recognise the power and influence of school leaders (and principals, in particular) in shaping the race dynamic in schools. The paper ends with implications for the improvement of leadership policy and practice.


Obiter ◽  
2021 ◽  
Vol 31 (1) ◽  
Author(s):  
Ashley Charles Moorhouse ◽  
David Abrahams

The purpose of this article is to put forward submissions regarding the implementation of a weapons review process in compliance of South Africa’s obligations under Additional Protocol I (hereinafter “API”) Article 36. Article 36 requires each state party to determine whether the employment of any new weapon, means or method of warfare that it studies, develops, acquires or adopts would, insome or all circumstances, be prohibited by international law. Article 36 does not specify how such a legal review should be implemented or conducted. Thus this article puts forward proposals regarding both the substantive and procedural aspectsof a review of the legality of weapons, means and methods of warfare that the authors submit best befits the South African context.A background regarding the legal limitations placed upon the use of certain weapons, means and methods of warfare and an explanation of South Africa’s obligations regarding national implementation of a weapons review process, is given in paragraph 1 so as to create an understanding as to why it is necessary for the Republic of South Africa to implement a process to review the legality of weapons, means and methods of warfare. Before the implementation of a weapons review process can be discussed, the subject matter of such a review must first be ascertained. Thus paragraph 2 contains a discussion regarding the definition of the term “weapons, means and methods of warfare” and a determination of which weapons shall form the subject matter of legal reviews. No specific manner of implementation is contained within API and thus it is at the discretion of the state in question, in this case South Africa, to adopt the necessary measures to implement this obligation. In this regard, paragraph 3 contains submissions regarding the status of the review body within the state hierarchy and its method of establishment. This paragraph also contains an explanation of the process by which South Africa acquires its weapons. The legal scope of the review process is dealt with in paragraph 4. Within thisparagraph, the place of both treaty-based law and customary international law (“CIL”) in the South African legal system is discussed. Furthermore, the treaty-law and customary international law rules binding upon South Africa regarding limitations of specific weapons and general weapons limitations are enumerated and the paragraph ends with a discussion of the Martens Clause. 


2017 ◽  
Vol 14 (2) ◽  
pp. 121-134 ◽  
Author(s):  
Nomalanga P Grootboom

This study explored the inclusion of Ubuntu in post-apartheid South African schooling – with a specific focus on Mandela’s take. The objective was to study possible benefits for the learners and the extent to which Ubuntu could affect desegregated schools in South Africa. The current discourse is born out of the findings of a major study on cross-racial interactions in desegregated schools, as found at one school in Gauteng, a province of South Africa. A qualitative approach study was conducted to obtain a purposive sample where learners were conveniently selected from grade 11 (both black and white learners). The Critical Race Theory (CRT) that was framed within the narrative design was undertaken to ascertain the extent to which integration processes have been implemented in former white schools in South Africa. The nature of this study fits well with CRT, as it helps to interrogate how marginalised black learners are now trying to co-exist in an environment that government purports to be integrated. Results show that although the country purports that schools are integrated, in essence the contrary is found in the schools. There is, in reality, continued polarisation and sheer segregation in the schools. Plans to revisit more than six sampled schools are afoot.


2010 ◽  
Vol 51 (2) ◽  
pp. 18-22
Author(s):  
Torsten Czenskowsky ◽  
Mirko Aichele ◽  
Gideon Horn

Dieser Aufsatz ist entstanden, weil die niedersächsische Ostfalia-Hochschule für angewandte Wissenschaften, hier insbesondere die Karl-Scharfenberg-Fakultät aus Salzgitter, eng mit der Nelson Mandela Metropolitan University aus Port Elizabeth, östliche Kap-Provinz in Südafrika, zusammenarbeitet. Seit dem Ende der Apartheid hat sich Südafrika für die globale Wirtschaft geöffnet, ist für international agierende Unternehmen ein beliebter Standort zur Markterschließung Afrikas geworden und nimmt im wissenschaftlichen Bereich verstärkt am akademischen Austausch teil. Südafrika ist in die globale Automobilproduktion eingebunden und mit ihr auf vielfältige Art und Weise verknüpft. Hier befindet sich auch eine entsprechend ausgeprägte Zulieferindustrie. Diese steht in Konkurrenz mit den Lieferanten aus anderen Nationen. Staatliche Einrichtungen und die Bildungsinstitutionen versuchen die Wettbewerbsfähigkeiten der heimischen Zulieferindustrie zu stärken. Auch mit internationaler Beteiligung erstellte Fortbildungsprogramme setzen deutliche Zeichen für diese Bemühungen. Es bleibt zu wünschen, dass es Südafrika während der Fußball-Weltmeisterschaft gelingt, die Welt davon zu überzeugen, dass es logistische Herausforderungen meistern kann, und damit das internationale Profil dieses sympathischen Staates geschärft wird. South Africa has become a relevant part of the global production of automobiles. Several factories of well known car manufacturers together with component supplier’s facilities have been built and compete with other nations. Governmental and educational institutions try to strengthen the ability to compete of the domestic automotive industry. Programs of advanced training are developed in South Africa and in international cooperation. This article begins with an introduction into the subject. The second chapter offers an overview about the automotive industry of South Africa, its component suppliers and global challenges it has to face. It is followed by the third chapter, which describes the requirements international automobile manufacturers demand to be fulfilled by South Africa’s economy. Chapter four emphasizes on the strengths and weaknesses of the component suppliers present in South Africa. The intention of chapter five is to present measurements to develop the South African automotive industry in cooperation between government organisations and the economy. Finally a conclusion and a forecast are given. Keywords: die automobilindustrie und ihre zulieferer in südafrika


2019 ◽  
Vol 56 (1) ◽  
pp. 21-38
Author(s):  
Eleanor K Jones

Abstract Since the earliest days of European expansionism, Africa has held a dual place in the Western imaginary, cast as a space of futurelessness even as white futurities were predicated on its exploitation. Appropriations of the future have persisted post-liberation, revealed in the divestment of futurity from bodies marked as queer or disabled. Drawing on historical moments and literary texts from Mozambique, Uganda and Zimbabwe, and on insights from queer theory, critical race theory and disability studies, I seek to demonstrate that the logics of white supremacy can be seen at work in these mechanisms of exclusion, even where whiteness itself is displaced – but that literary invocation of queerness and disability can thus be used to mobilize critique of this continuity. In centring the circumscription of futurity at the heart of colonialism, heteronormativity and ableism, then, I underscore the critical value of reading these as reciprocal and inextricable systems of power.


Author(s):  
Ignatius Swart ◽  
Stephan De Beer

This article serves as the introductory, first contribution to a special collection of articles on the theme, ‘Doing urban public theology in South Africa: Visions, approaches, themes and practices towards a new agenda’. The aim of the article is to set the conceptual and hermeneutical framework for undertaking urban public theology as a very intentional, new agenda in South African theological scholarship. The authors assert that public theology in South Africa has, despite its established position today, not embedded itself in, or intentionally engaged itself with, the contextual challenges of South African cities and urban environments by and large. This assertion leads them to pay attention to the urban as a distinctive but contested development concern in present-day South Africa, to the way in which current public theological practice is lacking behind in engaging itself with this development concern, and to the important hermeneutical question of what it would entail to make an authentic, theological contribution towards meeting the challenges of the urban in South Africa in response to the current neglect. Although by no means intended as exhaustive and all-encompassing in terms of the subject matter, the authors end by appreciating the rest of the articles in the special collection as a first offer to the anticipated urban public theological agenda that they have started to identify in this article.


2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Dirk Kotzé

As the title indicates this publication is the third issue in a series of reviews. The first issue was subtitled 2010: Development or decline? (2010) and the second was New paths, old promises? (2011). These publications are edited in the Department of Sociology at Wits University as part of its Strategic Planning and Allocation of Resources Committee (SPARC) Programme. The series is intended to be a revival of the South African Review edited by the South African Research Service and published by Ravan Press in the 1980s and early 1990s. Arguably one of the best known of these series was issue seven edited by Steven Friedman and Doreen Atkinson, The Small Miracle: South Africa's negotiated settlement (1994). The latest publication should also be seen as direct competition for the Human Sciences Research Council's (HSRC) regular publication, State of the Nation. The New South African Review 3 is organised into four parts, namely Party, Power and Class; Ecology, Economy and Labour; Public Policy and Social Practice; and South Africa at Large. The four editors introduce each of the sections, consisting of 16 chapters in total. Thebook's format appears to be that of a yearbook but it is not linked to a specific year. It is therefore not in the same category as for example the South African Institute of Race Relations' annual South Africa Survey. The Review is organised around a theme, albeit very general in its formulation, and in the case of the third issue it is also not applicable to all its chapters. At the same time, though, it is not a yearbook as the choice of chapters and their foci are on the latest developments. 


2021 ◽  
Vol 18 (5) ◽  
pp. 633-656
Author(s):  
Adrian Briciu

Abstract It has become almost a cliché to say that we live in a post-truth world; that people of all trades speak with an indifference to truth. Speaking with an indifference to how things really are is famously regarded by Harry Frankfurt as the essence of bullshit. This paper aims to contribute to the philosophical and theoretical pragmatics discussion of bullshit. The aim of the paper is to offer a new theoretical analysis of what bullshit is, one that is more encompassing than Frankfurt’s original characterization. I part ways with Frankfurt in two points. Firstly, I propose that we should not analyze bullshit in intentional terms (i.e. as indifference). Secondly, I propose that we should not analyze it in relation to truth. Roughly put, I propose that bullshit is best characterized as speaking with carelessness toward the evidence for one’s conversational contribution. I bring forward, in the third section, a battery of examples that motivate this characterization. Furthermore, I argue that we can analyze speaking with carelessness toward the evidence in Gricean terms as a violation of the second Quality maxim. I argue that the Quality supermaxim, together with its subordinate maxims, demand that the speaker is truthful (contributes only what she believes to be true) and reliable (has adequate evidence for her contribution). The bullshitter’s main fault lies in being an unreliable interlocutor. I further argue that we should interpret what counts as adequate evidence, as stipulated by the second Quality Maxim, in contextualist terms: the subject matter and implicit epistemic standards determine how much evidence one needs in order to have adequate evidence. I contrast this proposed reading with a subjectivist interpretation of what counts as having adequate evidence and show that they give different predictions. Finally, working with a classic distinction, I argue that we should not understand bullshit as a form of deception but rather as a form of misleading speech.


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